All_Exhibits.pdf

California Department of Veterans Affairs Exhibit A - Scope of Work

Agreement Number: 24WS0029 Contractor: TBD

FIRE AND EXIT DOOR IMPROVEMENTS

1. INTRODUCTION

A. Contractor shall provide services, as specified, to California Department of Veterans Affairs (CalVet).

Contractor shall provide services at the Veterans Home of California-West Los Angeles (Home), located at 11500 Nimitz Ave., Los Angeles, CA 90049. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated, to provide Fire and Exit Door Improvement services. Services shall be provided at the Home, upon request and in compliance with terms of this Agreement.

B. All work shall be coordinated and approved by CalVet Contract Manager or designated representative.

Services shall be performed during standard business hours 8:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise specified. No work is to be performed on State holidays or on an overtime basis unless prior approval is received in writing from the CalVet Contract Manager, prior to this work taking place. Any and all services performed outside the scope of this Agreement or not approved by the CalVet Contract Manager, or designated representative, will be at the sole risk and expense of the Contractor.

C. Contactor must be able to perform the tasks associated with providing services under the scope of their license. Contractor will provide services in accordance with federal and state laws and regulations and CalVet policies.

D. Contractor is not authorized to deliver or commence services as described in the Agreement until written approval has been obtained from the CalVet Contract Manager and Contractor has received an executed Agreement from CalVet. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor.

2. CONTACT INFORMATION

A. The project representatives during the term of this Agreement will be:

Construction Supervisor Contract Manager Veterans Home of California-West Los Angeles: California Department of Veterans Affairs Contractor Name: TBD Capital Assets Contact: TBD 11500 Nimitz Ave., Los Angeles, CA 90049 1227 “O” Street, Sacramento, CA 95814 Phone: TBD Phone: TBD Email: TBD Email: TBD

Contractor Representative:

TBD

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a twenty

(20) day prior written notification and shall not require a formal amendment to this Agreement. The notifying party shall provide complete contact information for the replacement Contract Representative including, name, title, mailing address, phone/fax numbers, and email address. All other changes require a formal written amendment to this Agreement.

3. MINIMUM QUALIFICATIONS

All service performed under this Agreement shall be performed by qualified service technicians with a valid contractor license.

Contractor shall provide a service technician who is factory trained on the equipment specified in this Agreement. Contractor shall provide the State with proof of the required training for each service technician providing services under this Agreement. Acceptable proof may be a resume showing experience, training and factory school completion. The Contractor shall submit the proof of training with their bid package to CalVet.

mailto:TBD mailto:betsy.vierra@calvet.ca.gov

All sub-contractors to the primary contractor must meet the same minimum qualification requirements as the primary contractor.

4. CONTRACTOR’S RESPONSIBILITIES

A. Contractor shall complete this project in accordance with the Exhibit A1: WLA Priority 1 & 2 Doors Project Manual dated 05/23/2024. This plan, its scope of work and general notes are incorporated herein by this reference. As outlined below, the Contractor Shall:

1. All work provided by the Contractor shall conform to the latest requirements of Federal, State, City, and County regulations. This includes but is not limited to Title 24 of the California Building Code of Regulations and other standards identified in Exhibit A1.

2. Submit a utility out of service request to CalVet’s project representatives in writing, detailing the time and duration of any utility that must be out of service during construction, and refrain from doing so without the State’s consent as specified.

3. CONSTRUCTION SCHEDULE: The Contractor will submit a construction schedule at the pre-construction meeting. Prior approval of the schedule from the State is required before commencement of the work. The Contractor will be responsible for planning and scheduling the work and for monitoring the progress of the work with respect to the schedule. The CalVet Contract Manager reviews the schedule against actual field progress and provides comments. The CalVet Contract Manager also reviews contractor’s monthly update of record drawings for completion.

Contractor incorporates Contract Manager’s comments and submit/sends Schedule and Application for Payment to State Contract Manager for approval and payment.

4. SUBMITTALS, RFI’S AND SHOP DRAWINGS: The Contractor will submit a Submittal Schedule at the pre-construction meeting. Prior approval of the schedule from the State is required before commencement of the work. This schedule will become integrated with the construction schedule.

See Exhibit A1 for additional requirements.

5. SUBSTITUTIONS: All proposed deviations from specified items require formal submittal for review by the State. The Contractor will submit each proposal for substitution in writing within 14 days of Notice to Proceed, to the State for review and recommendation. Substitution request transmittal shall be submitted to the Contract Manager, and also be copied to the Construction Supervisor. The Contractor must submit each such request in ample time for processing so as not to delay progress of the work.

6. CLARIFICATIONS:

a. When the Contractor requires clarification of the Contract Documents, they will submit a Request for Interpretation (RFI) – Appendix A. The RFI’s will be numbered consecutively, and submitted in a timely manner so that the response can be provided before a critical activity is affected.

b. Each Submittal and RFI’s will be submitted electronically with a cover sheet via email (in MS Word or PDF format with any pdf sketches / drawings necessary attached) directly to the Calvet Contract Manager. The CalVet Contract Manager will log in the Submittal’s and RFI’s and forward it to the A&E. The A&E will furnish the answer back to the CalVet Contract Manager as appropriate, and then the CalVet Contract Manager will issue the final response back to the Contractor and the Construction Supervisor.

c. Responses to Submittal and RFI’s will be made by the State to the Contractor within ten (10) calendar days unless the State notifies the Contractor in writing that a response will take longer.

d. If the A&E determines that a Change Order should be prepared in response to the RFI, they will advise the CalVet Contract Manager, if agreed, the A&E will then assist with the necessary documentation and submit it to the CalVet Contract Manager for processing.

e. If the Contractor believes the RFI response warrants a Change Order, they will notify the CalVet Contract Manager within seven (7) days of receipt of the RFI response.

7. CHANGE ORDERS:

a. Change Orders shall be processed in accordance with the Conditions of the Contract. The procedures described below are intended to relate that process to the organization for this project. Only a Contract Manager can authorize a Change Order.

b. The process includes the Proposed Change Order (PCO) and the Change Order (CO). The PCO is the source document that identifies and describes a potential change in the work. After the PCO is approved, it will be followed by a CO which defines the changes in the work, together with any change in the contract price and/or time for completion. The CO, not the PCO, is the official document for amending the contract.

c. Origination – A request for a CO may be initiated by the Contractor, the A&E, or the State. In each case, the PCO will be completed and forwarded to the Calvet Contract Manager.

d. Preparation – After review, CalVet Contract Manager will request the A&E, if appropriate, to prepare plans and specifications. Contract Manager will then transmit the PCO to the Contractor for pricing and/or time impact.

e. Contractor Proposal – Within the time allowed in the Contract Documents (10 days), the Contractor will return the PCO to the CalVet Contract Manager, including a detailed breakdown of all cost and time associated with the change, and justification therefore.

f. Negotiations – The CalVetContract Manager will review the Contractor’s proposal, confer with the A&E as required, and will either accept the terms, enter into negotiations with the Contractor, or cancel or modify the PCO, if appropriate.

g. Authorization – When Agreement has been reached, the CalVet Contract Manager will prepare the CO, sign it, and send two copies to the Contractor for signature. Multiple PCO’s may be included in a single CO. When the CalVet Contract Manager receives the CO back from the Contractor with their signature, copies will be distributed accordingly. The receipt of the CO signed by the CalVet Contract Manager is the Contractor’s authorization to proceed.

h. In the event that the Contractor and the State cannot agree on the cost and/or time required, the State may direct the Contractor to proceed on a “time and material” basis.

8. INSPECTION AND TESTING:

a. Inspection – The Construction Supervisor is responsible for inspection of the Contractor’s work for compliance with the Contract Documents and quality control. The Contractor is responsible for requesting an inspection in writing 48 hours prior to any work being covered. Failure to properly request inspection prior to covering an area of work is subject to immediate rejection by the State requiring immediate removal and remediation of said work at the Contractor’s expense.

b. Testing – The Contractor will comply with the Contract Documents regarding testing, and will coordinate with the Construction Supervisor and/or the CalVet Contract Manager regarding the scheduling of such tests.

9. PROJECT COMPLETION AND CONTRACT CLOSEOUT

a. Based on the requirements of the Contract Documents, the following are established:

i. When the Contractor considers the work is complete, he will submit to the CalVet Contract Manager:

ii. Certification that the work or a designated portion thereof, is complete and ready for final inspection.

iii. A list of items to be completed or corrected, if such exists.

iv. Certification that the equipment and systems have been tested and are operational.

v. After receipt of such notice, the Construction Supervisor and/or the CalVet Contract Manager will determine whether the project is ready for final inspection.

vi. Should the State determine that the work is not complete; the Contractor will be notified in writing by the CalVet Contract Manager, giving the reasons therefore. When the Contractor has remedied any deficiencies, they will submit a second notice to the CalVet Contract Manager.

b. Final Inspection:

i. When the CalVet Contract Manager determines that the project is ready for final inspection, the Construction Supervisor will arrange for the inspection team, which will include the A&E and the CalVet Contract Manager.

ii. A punch list will be prepared by the entities noted above and submitted to the CalVet Contract Manager for consolidation. The CalVet Contract Manager will then transmit it to the Contractor for their completion/correction of the listed items.

c. Contract Close Out:

i. Contract Close Out involves review of the Contract Documents, and schedules to ensure that the Contractor has completed all required work.

ii. Contractors shall assist CalVet representatives with updating the drawings within the Exhibit

A1: Domestic Hot Water Demolition and New Work Final Report. No formal construction drawings are expected to be developed by the Contractor. Any drawing errors in this Report will be corrected within the warranty period.

iii. A complete set of product, operations and maintenance manuals for all new equipment shall be provided in a packaged PDF format.

iv. Warranties

v. Spare parts and maintenance materials

vi. Statement of completion of punch list items

vii. The Contractor will prepare the final application for payment in accordance with the General

Conditions and forward it to the CalVet Contract Manager for Processing.

10. All work shall be coordinated with the State Contract Representatives. Upon receipt of approved contract, Contractor shall contact the CalVet Contract Manager to schedule project pre-construction (start) meeting and to establish project start and completion dates.

11. Contractor understand and agrees that only the best general practice is to prevail and that only workmanship of the finest quality shall be acceptable.

12. Contractor understands and agrees that the cost of furnishing, installing, maintaining and removing signs, lights, barricades or other such devices shall be the responsibility of the Contractor.

13. Contractor shall be responsible for public safety, included but not limited to the placement of barricades, warning cones or roping off of areas in which work is taking place to protect pedestrian traffic.

14. Contractor shall secure all materials, tools, and equipment when not in use.

15. Contractor shall have an easily accessible fire extinguisher, first aid kit, and emergency medical plan of action.

16. Contractor shall make arrangement for and pay all fees, charges and costs required to provide and maintain temporary heat, ventilation, light, water supply, electrical supply, communications system, transportation, enclosures, and all other facilities necessary to successfully carry out the work. It is the Contractor’s responsibility to remove all temporary facilities at his/her expense at the completion of the work, and restore the area to its original condition, unless otherwise directed in writing.

17. Contractor understand that time is of the essence for this Agreement and that the State will sustain damages if the work is not completed by the term end date of this Agreement. Therefore, Contractor agrees to make every effort to complete work by the term end date of this Agreement.

18. Contractor shall comply with the Home’s parking and sign-in policy requirements.

19. Contractor’s employees shall wear visitor identification supplied by the Home upon arrival at the

Home.

5. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

A. Contractor shall ensure all necessary licenses, permits, and certification requirements are verified and current throughout the entire term of this Agreement.

B. Contractor shall have and maintain a valid Class “C-10” Electrical license issued by the California

Department of Consumer Affairs, Contractors State License Board (CSBL). All licenses and certifications shall be verified by CalVet.

C. All work, equipment, materials and installation shall conform to California Administrative Code, Title 24, Title 8, and all Federal and State regulations applicable to this project.

6. WORK AREA

While working on CalVet premises, Contractor agrees to perform services with as little disruption to the Veterans Home operations as possible.

7. WORKMANSHIP

All work provided by the Contractor shall conform to the latest requirements of Federal, State, City, and County regulations. This includes but is not limited to Titles 17, 19 and 22 of the California Code of Regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement. Any services performed by the Contractor will be inspected by the CalVet Contract Manager after completion. The CalVet Contract Manager is solely responsible for determining acceptability of the work performed.

8. INDEPENDENT CONTRACTOR STATUS

A. The Contractor shall be considered “Independent Contractors” in relation to CalVet and the State.

Therefore, Contractor shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from CalVet or the State including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay;

2. Medical Insurance;

3. Vacation or Sick Leave;

4. Worker’s Compensation; or

5. Other employee benefits.

CALVET VETERANS HOME

OF WEST LOS ANGELES

FIRE/EXIT DOOR IMPROVEMENTS

11500 NIMITZ AVENUE

LOS ANGELES, CA 90049

TABLE OF CONTENTS

00 01 10 - 1

DOCUMENT 00 01 10

LIST OF DRAWINGS

See Drawing Sheet - A.0.0

SPECIFICATIONS

DIVISION 00

Section 00 72 00 ...Definitions Page .1 through 4

Section 00 72 00 ...GENERAL CONDITIONS .1 through 41

DIVISION 01

Section 01 11 00 ..Summary .......................................................................................1 through 4

Section 01 21 00 ..Allowances ....................................................................................1 through 2

Section 01 31 00 ..Project Management and Coordination ..........................................1 through 2

Section 01 32 16 ..Project Schedules and Reports ......................................................1 through 5

Section 01 32 33 ..Construction Photographs ..............................................................1 through 2

Section 01 33 00 ..Submittal Procedures .....................................................................1 through 5

Section 01 35 16 ..Alteration Project Procedures ........................................................1 through 2

Section 01 41 00 ..Quality Requirements ....................................................................1 through 2

Section 01 45 29 ..Testing Laboratory Services ..........................................................1 through 2

Section 01 51 00 ..Temporary Facilities and Controls ..................................................1 through 6

Section 01 60 00 ..Product Requirements ...................................................................1 through 2

Section 01 73 29 ..Cutting and Patching ......................................................................1 through 2

Section 01 74 19 ..Construction Waste Management ..................................................1 through 3

Section 01 74 19.1 Construction Waste Estimate ........................................................1 through 1

Section 01 74 19.2 Waste Management Report ..........................................................1 through 2

Section 01 74 20 ..Recycle Content Certification .........................................................1 through 2

Section 01 74 20.1.. Recycle Content Certification Worksheet .......................................1 through 2

00 01 10 - 2

Section 01 74 20.2-2..SABRC Procurement Summary......................................................1 through 2

Section 01 74 23 . Cleaning .........................................................................................1 through 2

Section 01 75 00.... Starting and Adjusting ....................................................................1 through 2

Section 01 77 00.... Closeout Procedures ......................................................................1 through 4

Section 01 77 00.... Appendix A-1 ..................................................................................1 through 1

Section 01 77 00.... Appendix A-2 ..................................................................................1 through 1

Section 01 79 00.... Demonstration and Training ...........................................................1 through 2

Section 01 86 19... ..Testing, Adjusting, and Balancing, Procedures ...............................1 through 2

Section 23 05 93.... Testing, Adjusting, and Balancing, Procedures for HVAC ...............1 through 1

Section 23 05 93.... Testing, Adjusting, and Balancing, Procedures for HVAC ...............1 through 12

Section 28 16 00.... Intrusion Detection System .............................................................1 through 2

DIVISION 02 EXISTING CONDITIONS

Section 02 41 19 ........ Selective Demolition ......................................................................1 through 3

DIVISION 08 OPENINGS

Section 08 71 00 ........ Door Hardware ..............................................................................1 through 11

DIVISION 26 ELECTRICAL

Section 26 00 00 ........ Electrical Work .............................................................................1 through 30

END OF DOCUMENT

STATE OF CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS

GENERAL CONDITIONS OF THE CONTRACT

CalVet: February 2021 00 72 00 - 1 - Project Number: CA##-####

Document 00 72 00

General Conditions of the Contract for Construction

CalVet: February 2021 00 72 00 - 2 - Project Number: CA##-####

Table of Articles Page

1. GENERAL PROVISIONS 4

1.1. Definitions

1.2. Execution. Correlation and Intent

1.3. Use of the State’s Drawings, Project Manual and other Documents

1.4. Capitalization

1.5. Conflicts in the Contract Documents

1.6. Requests for Information, Clarifications or Additional Instructions

2. ADMINISTRATION OF THE CONTRACT 9

2.1. Information and/or Services Required of the State

2.2. Administration of the Contract

2.3. Breaches, Defaults and Termination for Cause

2.4. Termination for the State’s Convenience

2.5. Suspension by the State for Convenience

2.6. Russian Sanction Orders

3. CONTRACTOR 11

3.1. Review of Contract Documents and Field Conditions by the Contractor

3.2. Supervision and Construction Procedures

3.3. Labor and Materials

3.4. Nondiscrimination Clause

3.5. Guarantee

3.6. Taxes

3.7. Permits, Fees and Notices

3.8. Allowances

3.9. Superintendent

3.10. Contractor’s Progress Schedule

3.11. Documents and Samples at the Project Site

3.12. Shop Drawings, Product Data and Samples (Submittals)

3.13. Tests and Inspections

3.14. Use of Project Site

3.15. Cutting and Patching

3.16. Cleaning Up

3.17. Access to Work

3.18. Royalties and Patents

3.19. Indemnification

3.20. Air Pollution

3.21. Certification by Contractor of Recycled Content

3.22. Unfair Business Practices

3.23. Child Support Compliance Act

3.24. NOT USED

3.25. Contractor Required Notification of Changes

4. SUBCONTRACTORS 22

4.1. Subletting and Subcontracting

4.2. Subcontractual Relations

4.3. Disabled Veterans Business Enterprise Program

4.4. Contract Assignments

5. CONSTRUCTION BY THE STATE OR BY SEPARATE CONTRACTORS 23

5.1. State’s Right to Perform Construction and to Award Separate Contracts

5.2. Mutual Responsibility

5.3. State’s Right to Clean Up

CalVet: February 2021 00 72 00 - 3 - Project Number: CA##-####

Table of Articles Page

6. CHANGES IN THE WORK 24

6.1. General

6.2. Change Order

6.3. Acceptance of Change Orders

6.4. Effect on Sureties

7. TIME 27

7.1. Notice to Proceed

7.2. Contract Time

7.3. Liquidated Damages

7.4. Time Extensions

7.5. Delays in Completion of the Work

7.6. Acceleration

8. PAYMENTS AND COMPLETION 29

8.1. Schedule of Values

8.2. Timeliness of Payments

8.3. Retentions

8.4. Assignment of Contract Funds

8.5. Occupancy by the State Prior to Completion of the Work

8.6. Acceptance of the Work and Final Payment

8.7. Interest

9. DISPUTES AND CLAIMS 31

9.1. Dispute and Claim Procedures

9.2. Audit and Access to Records

10. PROTECTION OF PERSONS AND PROPERTY 34

10.1. Safety of Persons and Property

10.2. Emergencies

10.3. Drug-Free Workplace

11. INSURANCE AND BONDS 35

11.1. Contractor's Insurance

11.2. No Personal Liability

11.3. Performance Bond and Payment Bond

12. UNCOVERING AND CORRECTION OF WORK 39

12.1. Uncovering and Correction of Work

12.2. Correction of Work

12.3. Acceptance of Nonconforming Work

13. MISCELLANEOUS PROVISIONS 40

13.1. Governing Law

13.2. Successors and Assigns

13.3. Written Notice

13.4. Contractor’s Use of Computer Software

13.5. Independent Contractor

13.6. Unenforceable Provisions

13.7. Expatriate Corporations

13.8. Domestic Partners

13.9. Air or Water Pollution Violation

13.10. Certification by Contractor or Disabled Veterans Business Enterprise / Small Business Participation

CalVet: February 2021 00 72 00 - 4 - Project Number: CA##-####

DOCUMENT 00 72 00

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

ARTICLE 1 - GENERAL PROVISIONS

1.1 DEFINITIONS: When the following terms appear in the Contract, they shall have the following meaning:

1.1.1 Acceptance of the Work: Written acceptance of the Work by the California Department of Veterans Affairs (CalVet), State of California, or CalVet designee.

1.1.2 Act of God: An Act of God shall include only the following occurrences or conditions and effects:

.1 Earthquakes in excess of a magnitude of 3.5 on the Richter Scale; or .2 Tidal waves.

1.1.3 Addendum (Addenda): A document issued by the State during the bidding period which modifies, supersedes or supplements the Contract Documents.

1.1.4 Alternative: Refer to Approved Equal and Substitution.

1.1.5 Applicable Codes: Include, but are not limited to, applicable laws, statutes, regulations, rules, building and other codes, ordinances, rulings, and lawful orders of all public authorities having jurisdiction over the State, the Contractor, Subcontractors, the Project, the Work, or the execution of the Work.

1.1.6 Approved Equal: Material, equipment, or method approved by the State for use in the Work, as being acceptable as an equivalent in essential attributes to the material, equipment, or method specified in the Contract Documents.

1.1.7 Agreement: The written and executed document known as the State’s Standard Agreement STD 213.

1.1.8 Architect or Engineer: The State, or the State's consultant listed in the Contract Documents as the designer of record responsible for the preparation and coordination of the Drawings and technical sections of the Project Manual.

1.1.9 Beneficial Occupancy: Occupancy and use by the State of all, or part, or parts, of the Work as selected by the State, prior to Completion.

1.1.10 Bidder/Proposer: Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a Bid Form for the Work.

1.1.11 Change Order: A written order issued by the State used to determine adjustments in the Contract based on:

.1 a change in the Work, .2 the amount of the adjustment in the Contract Sum, and .3 the extent of the adjustment in the Contract Time.

1.1.12 Claim: An unresolved Dispute arising under or relating to the performance of the Contract which can only be filed after Acceptance of the Work and the final statement to the Contractor.

1.1.13 Completion: When the entire Work has been performed in accordance with the Contract requirements as delineated in the Contract Documents and Project Manual. Completion of the Work occurs when the State’s final inspection has been made and all construction, services and deliverables have been fully executed as determined by the State’s Representative, including but not limited to completion of all punch-list items and delivery of as-built drawings, operation & maintenance manuals, guaranties, warranties, spare parts, reports and certifications as noted in the Project Manual.

1.1.14 Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or

CalVet: February 2021 00 72 00 - 5 - Project Number: CA##-#### agreements, either written or oral. The Contract may be amended or modified by a Change Order or Amendment. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the State and the Contractor.

1.1.15 Contract Documents: The Contract Documents consist of the Agreement between the State and Contractor, Payment and Performance Bonds; the Conditions of the Contract, including General, Supplementary and other Conditions; Drawings, Specifications, Addenda and Change Orders.

1.1.16 Contract Sum: The Contract Sum is stated in the Agreement and, including authorized adjustments by Change Order, is the total amount payable by the State to the Contractor for performance of the Work under the Contract Documents.

1.1.17 Contract Time: The Contract Time is the period of time, from the Start Date to the date of Completion of the Work, including authorized adjustments, allotted in the Contract.

1.1.18 Contractor: The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered into a contract with the State, identified as such in the Agreement, and referred to throughout the Contract as if singular in number. The term "Contractor" means the Contractor or the Contractor's representative.

1.1.19 Construction Manager: A consultant firm, JC Chang and Associates, retained for this Project by the State to assist the California Department of Veterans Affairs.

1.1.20 Day: Calendar day, unless otherwise specifically defined.

1.1.21 Department: The Department of Veterans Affairs, State of California.

1.1.22 Chief: The Chief, Facilities and Business Services Division of the California Department of Veterans Affairs, State of California, or the Chief's designee.

1.1.23 Dispute: A demand during performance of the Work seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. A Dispute is not a Claim.

1.1.24 Drawings: The graphic and pictorial portions of the Contract Documents, illustrating the design, location and dimensions of the Work, generally including but not limited to, plans, elevations, sections, details, schedules and diagrams.

1.1.25 Emergency: A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

1.1.26 General Notes: The written instructions, provisions, conditions or other requirements appearing on the Drawings, and so identified thereon, which pertain to the performance of the Work.

1.1.27 Guarantee: The Contractor's assurance that the Project complies with the requirements of the Contract Documents.

1.1.28 Hazardous Materials: These materials include but are not limited to products and materials containing:

Asbestos, Lead, PCB’s, Petroleum fuels and lubricants (including chemical additives), oxidizers, corrosives, solvents, acids and carcinogens.

1.1.29 Official Progress Schedule: The Contractor's baseline schedule and updates accepted by the State.

1.1.30 Or Equal: Refer to Approved Equal.

1.1.31 Owner: The State of California.

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1.1.32 Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

1.1.33 Project: The total construction of which the Work performed under the Contract may be the whole or a part.

1.1.34 Project Manual: The volume(s) assembled for the Work which includes the Introductory Information, Bidding Requirements, Contracting Requirements, Specifications, and other information as may be listed in the Project Manual Table of Contents.

1.1.35 Proposer/Bidder: Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a Bid Form for the Work.

1.1.36 Request for Information (RFI): A written request by the Contractor submitted in a State provided format for information regarding Project specific issues.

1.1.37 Retention: A percentage of the Contract Sum held back upon completion of the Work, or any portion of the Work, to cover outstanding liabilities, contingencies, and the like, as specified in the Contract Documents.

1.1.38 Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

1.1.39 Schedule of Values: A document furnished by the Contractor to the State reflecting the portions of the Contract sum allotted for the various parts of the Work, and used as the basis for reviewing the Contractor's applications for payment request.

1.1.40 Shop Drawings: Drawings, diagrams, schedules, and other data specially issued for the Work by the Contractor or a Subcontractor, Sub-subcontractor, and material suppliers to illustrate some portion of the Work.

1.1.41 Specifications: That portion of the Contract Documents consisting of the written requirements for materials, standards, equipment, construction systems, and standards of workmanship for the Work, and performance of related services.

1.1.42 State: The State of California acting through the Department of Veterans Affairs.

1.1.43 State Construction Supervisor/Inspector: The person(s) authorized by the State to provide inspection services, field coordination and quality control during construction.

1.1.44 State Contract Act: The act which is set forth in the California Public Contract Code, Section 10100, et seq.

1.1.45 State's Representative: Person(s) authorized by the State to act on behalf of the State for the Project.

1.1.46 Subcontractor: An individual, partnership, corporation, association, joint venture, or any combination thereof, who has a direct contract with the Contractor to perform work or labor or render service in or about the Work.

The term "Subcontractor" is referred to as if singular in number and means a Subcontractor or a representative of the Subcontractor. The term "Subcontractor" shall not include those who supply materials only or a separate contractor or subcontractors of a separate contractor.

1.1.47 Sub-subcontractor: A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the work. The term "Sub-subcontractor" is referred to as if singular in number and means a Sub-subcontractor or a representative of the Sub-subcontractor.

1.1.48 NOT USED

1.1.49 Substitution: A material and/or process offered by the Contractor in lieu of the specified material and/or process, and accepted by the State in writing as being equivalent (equal) to the specified material and/or process.

1.1.50 Warranty: A Contractor's, manufacturer's or material supplier's assurance that products and services provided

CalVet: February 2021 00 72 00 - 7 - Project Number: CA##-#### meet the requirements of the Contract Documents.

1.1.51 Work: Construction, services and deliverables required by the Contract Documents and Project Manual, including labor, materials, equipment, services, and documents provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract, including but not limited to requirements such as;

completion of punch-list items, as-built drawings, operation & maintenance manuals, guaranties, warranties, spare parts, reports, and certifications.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract will not be binding on the State until appropriately endorsed by the State's legal Representative, in accordance with Public Contract Code, Section 10220.

1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor is familiar with the methodology under which the work is to be performed and has correlated personal observations with requirements of the Contract Documents.

1.2.3 The intent of the Contract Documents is to include items necessary for completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.

1.2.4 Organization of the Specifications into Groups, Divisions, subgroups, Sections and Articles, and arrangement of Drawings shall not be the basis that Contractor utilizes in dividing the Work among Subcontractors, nor in establishing the extent of work to be performed by any trade.

1.2.5 When standards of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract Documents.

When such references do not bear date of issue, current published edition at the date of the first Invitation to Bid shall be considered as part of the Contract Documents.

1.2.6 Unless otherwise stated in the Contract Documents, words and terms which have well-known or commonly accepted technical or construction industry meanings shall be used in the Contract Documents in accordance with such recognized meanings.

1.2.7 Every part of the Work shall be accomplished in workmanship-like manner by workers, laborers, or mechanics specially skilled in the class of work required. Any person the State may deem incompetent or disorderly shall be promptly removed from the Project by the Contractor upon written notice from the State, and shall not be re-employed on this Project.

1.3 USE OF THE STATE'S DRAWINGS, PROJECT MANUAL AND OTHER DOCUMENTS: The Drawings, Project Manual and other documents issued by the State, and copies furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects, nor for additions to this Project outside the scope of the Work without the specific written consent of the State. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Project Manual and other documents issued by the State appropriate to, and for use in, the execution of their work under the requirements of the Contract Documents.

1.4 CAPITALIZATION

1.4.1 Terms capitalized in the General Conditions of the Contract for Construction include those which are:

.1 Specifically defined; or

.2 Titles of numbered Articles; or

.3 References to Paragraphs, Subparagraphs and Clauses; or

.4 Titles of other documents.

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1.5 CONFLICTS IN THE CONTRACT DOCUMENTS

1.5.1 In the event of conflict in the Contract Documents, the following priorities shallgovern:

.1 Addenda shall govern over other Sections of the Contract Documents to the extent specifically noted;

subsequent Addenda shall govern over prior Addenda only to the extent specified.

.2 The General Conditions of the Contract for Construction shall govern over Drawings and Specifications except for specific modifications stated in the Supplementary Conditions, and except for Addenda.

.3 In case of conflict between the Drawings and the Specifications, the Specifications shall govern unless the requirement(s) in the Drawings is/are more stringent and/or of higher quality and/or of higher quantity.

.4 In the case of conflict within the Drawings, the following shall govern:

1) Schedules, when identified as such, shall govern over all other portions of the Drawings.

2) Specific notes shall govern over other notes and all other portions of the Drawings, except schedules described in the preceding Clause.

3) Larger scale Drawings shall govern over smaller scale Drawings.

4) Detail Drawings shall govern over standard plates bound within the Project Manual.

5) Figured or numerical dimensions shall govern over dimensions obtained by scaling.

1.5.2 Omissions: If the Contract Documents are not complete as to any minor detail or required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been implied by the requirements of the Contract Documents in accordance with such standard.

.1 "Minor Detail” shall include the concept of substantially identical components, where price of each such component is small even though aggregate cost or importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. Quality and quantity of parts or material so supplied shall conform to trade standards and be compatible with type, composition, strength, size and profile of parts or materials otherwise set forth in the Contract Documents.

1.6 REQUESTS FOR INFORMATION, CLARIFICATION OR ADDITIONAL INSTRUCTIONS

1.6.1 Requests for Information (RFI): Should the Contractor discover conflicts, omissions, or errors in the Contract Documents, or have any questions concerning interpretation or clarification of Contract Documents, the Contractor shall immediately submit to the State in writing an RFI that complies with the following requirements:

.1 All RFIs, whether by the Contractor, a Subcontractor or supplier at any tier, shall be submitted by the Contractor to the State.

.2 RFIs shall be numbered sequentially and be presented in the format provided by the State.

.3 The Contractor shall clearly and concisely set forth the single issue for which interpretation or clarification is sought, indicate Specification Section number, article and subarticle numbers, and Contract Drawing number, and detail, or other item involved, and state why a response is required from the State.

.4 The Contractor shall set forth its own interpretation or understanding of the requirements, along with reasons why it has reached such an understanding in each RFI.

.5 RFIs shall be submitted in a timely manner in order that they may be adequately researched and answered before the response affects any critical activity of the Work.

.6 The State will review all RFIs to determine whether they are truly RFIs within the meaning of the term as defined in Paragraphs 1.1.33 and 1.6.1. RFIs which are determined to be not within the meaning of the term and/or RFIs where answers can readily be found in the Drawings and Project Manuals shall be deemed to be superfluous and the cost for reviewing these RFIs will be back-charged to the Contractor.

.7 Responses to RFIs will be made within 14 days unless the State notifies the Contractor in writing that a response will take longer. The 14 days will begin when the RFI is received and dated by the State. Should the State respond sooner, the Contractor shall not assume that a new timeline has been established.

Delays in the progress of the Work due to late submittal of RFIs by the Contractor are solely the responsibility of the Contractor.

.8 Responses from the State will not change any requirement of the Contract unless so noted by the State in the response to the RFI.

.9 Should the Contractor believe that a response to an RFI causes a change to the requirements of the

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Contract, the Contractor shall, before proceeding, give written notice to the State, indicating that the Contractor considers the State's response to the RFI to be a Change Order. An RFI will not be considered to be automatically a notice for a Change Order. The Contractor shall give separate written notice within 7 days of receipt of the State's response to the RFI. If the Contractor fails to give notice within 7 days or prior to commencement of the change, the Contractor shall forfeit the right to seek additional time or cost under Article 6.

1.6.2 Additional Detailed Instructions: The State may furnish additional detailed written and/or graphic instructions to further explain the work, and such instructions shall be a part of the Contract requirements. Should additional detailed instructions, in the opinion of the Contractor, constitute work in excess of the scope of the Work, the Contractor shall submit written notice to the State within 14 days following receipt of such instructions, and in any event prior to commencement of the work thereon. The State will then consider the notice; and, if in the State's judgment it is justified, the State's instructions will be revised or the extra work authorized in accordance with the provisions of Article 6.

ARTICLE 2 - ADMINISTRATION OF THE CONTRACT

2.1 INFORMATION AND/OR SERVICES REQUIRED OF THE STATE

2.1.1 Information and/or services under the State's control shall be furnished by the State within a mutually agreed upon response time so as to avoid delay in the orderly progress of the Work.

2.1.2 The Contractor will be furnished Drawings and Project Manuals as specified in the Contract Documents.

2.2 ADMINISTRATION OF THE CONTRACT

2.2.1 The State will provide administration of the Contract as described in the Contract Documents during construction, until final payment is due and during the correction period described in Paragraph 12.2 and throughout the guarantee period.

2.2.2 The State will visit the Project site appropriate to the stage of construction to become familiar with the progress and quality of the completed work and to determine if the Work is in accordance with the Contract Documents.

2.2.3 Unless so specified in the Contract Documents, the State will not have control over construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the Work. The State will not be responsible for the Contractor's failure to carry out the Work in accordance with the requirements of the Contract Documents. The State will not be responsible for acts, errors, or omissions of the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or of any other persons performing portions of the Work.

2.2.4 Communications Facilitating Contract Administration: Communications by and with the State's consultants shall be through the State. Communications by and with Subcontractors, Sub-subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the State.

2.2.5 If the State observes work that appears to not comply with the requirements of the Contract Documents, the State will have the authority to reject the Work. Whenever the State considers it necessary or advisable for implementation of the intent of the Contract Documents, the State will require additional inspection or testing of the Work, in accordance with Subparagraphs 3.13.2 and 3.13.3, whether or not such work is fabricated, installed or completed.

2.2.6 The State will review and take action upon the Contractor's submitted Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, nor for substantiating instructions for installation or performance of equipment or systems, which remain the responsibility of the Contractor.

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2.2.7 Substitutions and Approved Equals: Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the Contractor. The State will examine proposed alternatives for compliance with the Contract Documents. The proposed material(s), article(s), or equipment, will be reviewed for comparative quality, suitability, and performance against the product(s) specified in the Contract Documents. Refer to Subparagraph 3.12.10, for Substitution procedures. If Contractor’s substitution is accepted, the Contractor shall be responsible for the costs of any changes resulting from the substitution, including, but not limited to redesign costs of the Project.

2.2.8 The State will conduct inspections to determine the Contractor’s compliance with the Contract Documents and the date of Completion; will receive, for review and record, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and will issue a final Payment Authorization upon compliance with the requirements of the Contract Documents and Acceptance of the Work.

2.3 BREACHES, DEFAULTS AND TERMINATION FOR CAUSE

2.3.1 If CalVet deems that the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed to comply with Public Contract Code Section 10262, or has failed in any other respect to prosecute the Work with the diligence and force specified by the Contract, CalVet may:

.1 after written notice of at least 5 days to the Contractor, specifying the defaults to be remedied, provide any such labor or materials and deduct the cost from any money due or to become due to the Contractor under the Contract; or

.2 if CalVet considers that the failure is sufficient ground for such action, CalVet may give written notice of at least 5 days to the Contractor and the Contractor's sureties, that if the defaults are not remedied, the Contractor's control over the Work will be terminated.

2.3.2 Should the State exercise its rights to terminate as noted in Subparagraph 2.3.1, the State may, without prejudice to any other rights or remedies of the State and subject to any prior rights of the Surety:

.1 terminate employment of the Contractor;

.2 take possession of the Project site, materials, equipment, tools, appliances, and construction equipment and machinery owned by the Contractor;

.3 accept assignment of Subcontractor Agreements pursuant to Paragraph 4.4; and/or

.4 finish the Work by whatever method(s) the State may deem expeditious and appropriate.

2.3.3 When the State terminates the Contract for reasons provided in Subparagraph 2.3.1, the Contractor shall not be entitled to receive any further payment until Completion of the Work. If the costs incurred by the State because of termination under Subparagraph 2.3.1 exceed the unpaid balance, the Contractor shall pay the difference to the State.

2.4 TERMINATION FOR THE STATE'S CONVENIENCE

2.4.1 The State reserves the right to terminate this Contract or any part thereof, due to an Act of…